Greene County Tech School District v. Doe et al

Filing 33

ORDER setting forth the following briefing schedule. The District's brief shall be served and filed on or before 6/3/2019. The Wilsons's response briefs shall be served and filed within 30 days after service of the District's brief. Th e District may serve and file a reply brief within 14 days after service of Wilsons's brief. The parties may agree with one another, or either party may petition the Court for good cause shown, to modify the briefing deadlines set forth in this Order. Signed by Judge Kristine G. Baker on 5/6/2019. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
GREENE COUNTY TECH SCHOOL DISTRICT
v.

PLAINTIFF

Case No. 3:17-cv-00047-KGB

MW, an adult, and CARLA WILSON,
mother of MW

DEFENDANTS
ORDER

On March 1, 2019, the Court entered an Order granting plaintiff Greene County Tech
School District’s (the “District”) motion to dismiss with respect to a claim for attorneys’ fees under
the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. §§ 1415, et seq., and denying
the District’s motion with respect to the counterclaim and third-party complaint filed by defendants
MW, an adult, and Carla Wilson, mother of MW (collectively “the Wilsons”) (Dkt. No. 32, at 18).
The Court also retained subject matter jurisdiction over the Wilsons’s counterclaim and third-party
complaint (Id.). In that Order, the Court denied the District’s motion to dismiss the Wilsons’s
counterclaim and third-party complaint because of the limited record and briefing submitted by
the parties (Id., at 14).
Specifically, the Court explained that, to date, the parties have not addressed whether and
to what extent the Wilsons failed to exhaust their administrative remedies under the IDEA with
respect to their counterclaim and third-party complaint (Id.). Further, the Court stated that the
parties did not adequately brief the law or identify the record facts related to the specific application
of preclusion with respect to the Wilsons’s remaining claims in the counterclaim and third-party
complaint regarding alleged violations of procedural and substantive due process and equal
protection under the Fourteenth Amendment, pursuant to 42 U.S.C. § 1983, and for violation of
stay-put under 20 U.S.C. § 1415(j); Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 701

et seq.; and Title II of the Americans with Disabilities Act, 42 U.S.C. § 12131-12165, for unlawful
discrimination based on disability (Id.).
Pursuant to the Court’s March 31, 2019, Order (Dkt. No. 32), the Court sets forth the
following briefing schedule:
1. The District’s brief shall be served and filed on or before June 3, 2019.
2. The Wilsons’s response briefs shall be served and filed within 30 days after service of
the District’s brief.
3. The District may serve and file a reply brief within 14 days after service of the
Wilsons’s brief.
4. The parties may agree with one another, or either party may petition the Court for good
cause shown, to modify the briefing deadlines set forth in this Order.
It is so ordered this the 6th day of May, 2019.

_______________________
Kristine G. Baker
United States District Judge

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